In New Mexico, an Indian tribe may choose to administer its
own LIHEAP program for tribal members and request from DHHS an allocation of
the state's share of the LIHEAP grant award for this purpose. An Indian tribe
is defined as a legal entity of a group of Native Americans living on tribal
lands with a distinct and separate government. Residents of tribal land may be
eligible for tribal administered LIHEAP or HCA-administered LIHEAP under the
following circumstances.
A. Tribes
that administer LIHEAP: Indian tribal members living on their tribe's tribal
lands, whose tribe administers their own LIHEAP program, are not eligible for
HCA-administered LIHEAP benefits.
B. Tribes not administering LIHEAP: Indian
tribal members living on the tribal lands of tribes not administering their own
LIHEAP program may be considered for HCA-administered LIHEAP benefits providing
they meet income eligibility and heating/ cooling responsibility requirements
as specified in this policy.
C.
Indians on other tribes' land: Households that are members of Indian tribes
administering their own LIHEAP program but not living on their tribe's tribal
lands, may be considered for HCA-administered LIHEAP benefits providing they
meet income eligibility and heating responsibility requirements, as specified
in this policy, and they did not receive LIHEAP benefits from their tribal
government for the current LIHEAP season.
D. Non-Indians and non-tribal members on
tribal land: Non-Indians living on tribal lands and Indians living on tribal
lands who are excluded from eligibility for LIHEAP by the Indian tribe
administering their own LIHEAP program may be considered for HCA-administered
LIHEAP benefits providing they meet income eligibility and heating/ cooling
responsibility requirements as specified in this policy.
E. At the direction of the HCA secretary, HCA
may serve tribal members normally excluded due to Subsection A of
8.150.410.12 NMAC if they have not
been or do not expect to be served by the tribal LIHEAP program.
